SEWA RAM Vs. JAI LAL PURI

JUDGEMENT

(1.) This is a defendants' appeal directed against the judgment and decree of the learned Additional District Judge, Amritsar who on appeal affirmed the judgment and decree of the learned trial Judge.

(2.) Plaintiff No. 1 filed a suit for possession of the disputed land. It was, inter-alia, pleaded that the plaintiff purchased the land in dispute vide sale deed dated September 6, 1973 from M/s. Seth and Co. and the defendants have taken illegal possession of the land.

(3.) Out of the defendants, defendant Nos. 15, 20, 23 and 24 did not contest the plaintiff's claim. However, the other defendants contested the suit by pleading that the sale in favour of the plaintiff was a sham transaction and that the suit was not within limitation. It was also pleaded that they had raised valuable construction on the disputed property and in case the Court comes to the conclusion that the plaintiff is entitled to a decree for possession, the defendants should be compensated by costs. From the pleadings of the parties, the learned trial Judge framed the following issues :